1) Acceptance of Terms
By accessing or using our website, requesting an audit, signing a proposal, purchasing services, or otherwise engaging with BuildWise, you agree to these Terms.
If you accept these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
2) Services and Scope
BuildWise provides local marketing and related consulting services, which may include (without limitation) Google Business Profile optimization, local SEO, paid ads management, tracking setup, reporting, creative support, and strategic guidance.
The exact scope, deliverables, timelines, and pricing are defined in written proposals, statements of work (“SOW”), invoices, or other client agreements (collectively, “Project Documents”). If these Terms conflict with any signed Project Documents, the Project Documents will control for that engagement.
3) No Performance Guarantees
Marketing results depend on many factors outside our control (including competition, market conditions, platform policies, website quality, budgets, seasonality, and client responsiveness). BuildWise does not guarantee specific rankings, lead volume, booked jobs, revenue outcomes, or return on ad spend.
We commit to providing services professionally, communicating in good faith, and optimizing based on available data and the agreed scope.
4) Client Responsibilities
To perform services, you agree to:
- Provide accurate, complete, and current business information
- Provide timely access, approvals, and assets reasonably necessary to deliver services
- Maintain authority and control over your accounts, profiles, and payment methods (e.g., ad accounts, Google profiles)
- Use our services lawfully and comply with platform rules and policies
- Review deliverables and requests promptly (delays may impact timelines and results)
You are responsible for the accuracy and legality of content, claims, and materials you provide (including testimonials, before/after claims, promotions, and offers).
5) Fees, Billing, and Payments
Fees, billing terms, and payment schedules are set in your Project Documents. Unless otherwise stated:
- Fees are due according to the agreed schedule
- Late or failed payments may result in paused work, reduced scope, or termination
You are responsible for third-party costs you approve or incur, including (without limitation) advertising spend, call tracking fees, software subscriptions, platform charges, and taxes where applicable. Third-party charges are typically non-refundable and are billed by those providers, not BuildWise.
No setoff: You may not withhold payment due to disputes unrelated to the invoiced work.
6) Intellectual Property
A) Your materials
You retain ownership of materials you provide to us (logos, photos, copy, access credentials, etc.). You grant BuildWise a limited, non-exclusive license to use these materials solely to perform the services.
B) BuildWise materials
BuildWise retains ownership of all pre-existing tools, systems, templates, frameworks, workflows, scripts, processes, and know-how used to deliver services.
C) Work product and deliverables
Upon full payment, you receive a license to use the final deliverables created specifically for your engagement, as defined in your Project Documents. Drafts, internal notes, and intermediate work are not considered final deliverables unless expressly stated.
7) Confidentiality
Each party agrees to protect the other party’s non-public confidential information and use it only as needed to perform or receive services. Confidentiality obligations do not apply to information that is public, independently developed, or lawfully obtained without breach.
This section survives termination.
8) Third-Party Platforms and Tools
Our services may rely on third-party platforms and tools (e.g., Google, Meta, analytics providers, CRMs, call tracking, hosting). Your use of third-party services is governed by their own terms and policies.
BuildWise is not responsible for third-party outages, policy changes, suspensions, pricing changes, data loss, or account actions taken by third parties.
9) Website Use and Acceptable Use
You agree not to:
- Use the website in a way that violates any law or regulation
- Attempt to gain unauthorized access to systems or data
- Interfere with site operation, security, or other users
- Use scraping, automated access, or reverse engineering in a manner that harms the site or violates applicable law
We may suspend or block access to the site for misuse.
10) Disclaimer of Warranties
To the maximum extent permitted by law, the website and services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the website will be uninterrupted, error-free, or that any specific results will be achieved.
11) Limitation of Liability
To the maximum extent permitted by law:
- BuildWise is not liable for indirect, incidental, special, consequential, or punitive damages (including lost profits, lost revenue, lost data, or business interruption), even if advised of the possibility.
- BuildWise’s total aggregate liability for any claim related to services is limited to the amount you paid BuildWise for the specific services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow certain limitations; in those cases, limitations apply to the maximum extent permitted by law.
12) Indemnification
You agree to defend, indemnify, and hold harmless BuildWise and its owners, contractors, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:
- Your breach of these Terms or your Project Documents
- Your materials, content, data, or account activity
- Your violation of law or third-party rights (including intellectual property or platform policies)
13) Term, Suspension, and Termination
The term, renewal, and termination terms for paid services are defined in your Project Documents.
We may suspend or terminate services or site access immediately if you materially breach these Terms, misuse the site, violate platform rules in a way that impacts delivery, or fail to pay.
Upon termination:
- Fees remain due for approved work performed and expenses incurred
- We may deliver any final materials owed per the Project Documents once outstanding balances are paid
14) Dispute Resolution and Good-Faith Effort
Before filing a claim, both parties agree to first attempt to resolve disputes in good faith through direct communication.
15) Governing Law
These Terms are governed by the laws of the jurisdiction where BuildWise operates, without regard to conflict-of-law principles.
16) Changes to These Terms
We may update these Terms from time to time. Updates are effective when posted on this page with a revised “Last updated” date. Continued use of the website or services after an update means you accept the revised Terms.
17) Miscellaneous
- Independent contractor: BuildWise is an independent contractor and not your employee, agent, or partner.
- Assignment: You may not assign these Terms without our written consent. We may assign these Terms as part of a business transfer.
- Severability: If any provision is unenforceable, the remainder remains in effect.
- Entire agreement: These Terms plus your Project Documents form the entire agreement for the services you purchase.
- Electronic communications: You consent to receive communications electronically (e.g., email).
18) Contact
For questions about these Terms, email: contact@buildwise.agency
BuildWise does not publish a public physical mailing address at this time.